AMANATULLAH KHAN Vs. COMMISSIONER OF POLICE DELHI

JUDGEMENT

(1.) The petitioner/Amanatullah Khan (hereinafter referred to as "the petitioner") filed the present petition under Article 226 of the Constitution read with Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") for judicial review to seek quashing of the "History Sheet" opened apropos the petitioner and the purported proposal declaring him as "Bad Character" and the entry of the name of the petitioner in the Surveillance "Register-X, Part- II, Bundle "A" at P.S. Jamia Nagar, South-East and also for seeking directions to initiate legal/departmental action against the delinquent police officials for exercising powers under Punjab Police Rules, 1934 (hereinafter referred to as the Rules) in a mala fide and perverse manner with material irregularities and impropriety.

(2.) In a social welfare State like India large number of administrative/local authorities are being created to carry out welfare activities and these authorities are vested with discretion. The discretion when coupled with word "Administrative" reflects that choosing from various available alternatives but with reference to the rules of reasons and justice and not according to personal whims and exercise of discretion should not be arbitrary, vague or fanciful. The administrative discretion is latitude given to the governmental agencies to interpret and implement the public policies. The suitable control over exercise of discretion is necessary otherwise, administrative authority may abuse or misuse the conferred power and may convert in arbitrary body. The discretionary power conferred on an administrative authority is not absolute and must be exercised within the legal parameters.

(3.) The facts as mentioned in the present petition are that the petitioner is a Member of the Delhi Legislative Assembly from Okhla Constituency and as such, he is representing the will of the people of his Constituency. The petitioner is a popular leader of the masses and is enjoying his second term as Member of Legislative Assembly (MLA). The petitioner has been the Chairman of Minority Welfare Committee, Delhi Legislative Assembly and is holding third term as Chairman of the Delhi Waqf Board. The petitioner in the capacity of Chairman of Delhi Waqf Board is doing various charitable functions including financial aid for medical treatment, education, house construction, marriage, etc. to the needy and destitute persons across the religions. The petitioner is also very active in providing shelter and provisions to the victims of riots and natural calamities/pandemic.